Tuesday, December 23, 2008

Tenant Control....Yr Condo turning into a Hostel?

Mr Chan wrote:

I'm in the JMB-Ken Damansara III and thankfully, it has been fairly smooth going on the management of the condominium.

I have a question on what I would term as "Tenant control". I have heard that some condos have set in place a policy to discourage owner-investors from renting out their units to certain groups of people. I'm interested to know how this is implemented effectively and within the law.

Is it enough that the JMB calls for an EGM in order that the owner-residents vote on this new rule to be included in the House Rules? What sort of majority vote are we looking at? 51% of owners?

As there is a new shopping mall coming up next door (anchor tenant possibly is GIANT) and Carrefour opening soon at Tropicana Mall nearby, the owner-residents are quite worried that some units in the condo may end-up as workers' hostel.

Presently, we have units which are rented out as hostels to students from nearby colleges and 1 unit as workers' hostel for Carrefour. It's clear that we need to nip this problem in the bud before it gets out of control.

Appreciate advise and comments on this matter.


Val said...

Our condo was faces with a similar problem not long ago when the developer proposed to convert their unsold units into a hostel for student nurses. We drafted a set of House Rules prohibiting hostel type dwelling (a clause that Kiara Hijauan has in their House Rules). All wee needed to do next was to call for an EGM to adopt the new House Rules. Due to some unfortunate circumstances, we were not able to do so.

Hoe said...

Hi Val,

Thanks for the feedback. If I've interpreted it correctly, under the BCP Act, the JMC is authorised to make changes in the House Rules without calling for an EGM (refer to clause 14 - House Rules). I have made some additions to clarify and tighten up the grey areas in the present House Rules in order to avoid any disputes or arguments. We hope to pass this resolution by this month and enforce the rules immediately after we have circulated the additions to all the owners.

DanWicked said...

Hi Val,

Care to share your hurdles on implementation of the new house rules?